Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From Lee v. Deck the Walls, Inc., 925 F.Supp. 576 (N.D.Ill.1996): It is well established that copyright protection "has never accorded the copyright owner complete control over all possible uses of his work." Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 432, 104 S.Ct. 774, 784, 78 L.Ed.2d 574 (1984). See also White-Smith Music Publishing Co. v. Apollo Co., 209 U.S. 1, 19, 28 S.Ct. 319, 324, 52 L.Ed. 655 (1908). The Supreme Court stated that a person does not infringe a copyright by using the work in an unauthorized manner which occurs outside the scope of the copyright holder's exclusive rights. Twentieth Century Music Corp. v. Aiken, 422 U.S. 151, 155, 95 S.Ct. 2040, 2043, 45 L.Ed.2d 84 (1975). Instead, the only relevant query for the court is whether ART's ceramic tile process transforms, adapts or recasts Annie Lee's original work into a new and different original work. Paramount Pictures v. Video Broadcasting Systems, 724 F.Supp. 808, 821 (D.Kan.1989). The court, thus, finds that the end result of this case hinges on whether the alleged new "work," the ceramic tile, contains sufficient originality, as required by the Constitution and the Copyright Act, Mid America Title Co. v. Kirk, 59 F.3d 719, 721 (7th Cir.1995) (citing Feist, 499 U.S. at 347, 111 S.Ct. at 1288), for it to become a derivative work.